ORIENTAL INSURANCE CO. LTD. Vs. SHANKARA

JUDGEMENT

(1.) These appeals are preferred by the Insurer - Oriental Insurance Company Ltd., being aggrieved by the judgment and award dated 31.7.2012 passed by the Senior Civil Judge & MACT, T.Narasipura, to set aside the award passed in MVC Nos.39 and 40 of 2008, as awarding of compensation are found to be exorbitant and also on higher side.

(2.) It is the contention of the learned counsel for the appellant that the claimant-Raghavendra in MVC No.39/2008 who is said to be the pillion rider; and the claimant Shankara in MVC No.40/2008 who is said to be the rider of the motorcycle, have filed claim petitions seeking compensation, contending that the accident has occurred due to the rash and negligent driving of the driver of the Auto bearing registration No.KA-10/2758, whereby the Tribunal has awarded compensation in a sum of Rs.2,67,130/- and Rs.13,730/- respectively with interest at 6% p.a., The learned counsel for the appellant further contends that the Tribunal has awarded a compensation in a sum of Rs.2,67,130/- with interest at 6% p.a., are found to be exorbitant and also on higher side. Therefore, in these appeals, the learned counsel for the appellant seeks to set aside the impugned Judgment passed by the Tribunal.

(3.) The factual matrix of these cases are: